Utah § 70A-3-119 Notice of right to defend action.

Utah Statutes

§ 70A-3-119 — Notice of right to defend action.

Utah § 70A-3-119

Title 70AUniform Commercial Code

Ch. 70A-3Uniform Commercial Code - Negotiable Instruments

Part 70A-3-1General Provisions and Definitions

This text of Utah § 70A-3-119 (Notice of right to defend action.) is published on Counsel Stack Legal Research, covering Utah primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Utah Code Ann. § 70A-3-119 (2026).

Text

In an action for breach of an obligation for which a third person is answerable over pursuant to this chapter or Title 70A, Chapter 4, Uniform Commercial Code - Bank Deposits and Collections, the defendant may give the third person written notice of the litigation, and the person notified may then give similar notice to any other person who is answerable over.  If the notice states that the person notified may come in and defend, and that failure to do so will bind the person notified in an action later brought by the person giving the notice as to any determination of fact common to the two litigations, the person notified is so bound unless after seasonable receipt of the notice the person notified does come in and defend.

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In an action for breach of an obligation for which a third person is answerable over pursuant to this chapter or Title 70A, Chapter 4, Uniform Commercial Code - Bank Deposits and Collections, the defendant may give the third person written notice of the litigation, and the person notified may then give similar notice to any other person who is answerable over. If the notice states that the person notified may come in and defend, and that failure to do so will bind the person notified in an action later brought by the person giving the notice as to any determination of fact common to the two litigations, the person notified is so bound unless after seasonable receipt of the notice the person notified does come in and defend.